HomeMy WebLinkAboutCC Resolution 8675 (Replace Glass Windows)RESOLUTION NO. -8 6 7 5
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION REQUIRING
THE PROPERTY OWNER TO RESTORE THE TRANSOM FACADE TO THE ORIGINAL
LEADED FROSTED GLASS AT 917-919 FOURTH STREET AND ORDERING THE
REPLACEMENT OF THE LEADED GLASS TRANSOM WINDOWS PURSUANT TO THE
ORIGINAL CONDITIONS OF APPROVAL OF ED86-71
AP # 11-263-08
WHEREAS, Staff was advised that the leaded, obscure glass transom windows had been
removed from the building at 917-921 Fourth Street and replaced with clear, unleaded glass
without review and approval of the Planning Department; and,
WHEREAS, the Planning Commission approval of ED86-71 required that the leaded,
obscure glass transom remain, and that any changes to the existing transom were prohibited
without further review by the Planning Department; and,
WHEREAS, a design review application for the replacement of the leaded, obscure glass
transom windows at 917-919 Fourth Street was received by the Planning Department in May
of 1991; and,
WHEREAS, Staff has determined that the removal of the leaded glass is not consistent
with the criteria established for approving applications in the Downtown Review District, is
not consistent with General Plan Policy LU -23, and is in violation of conditions (a) and (g) of
ED86-71 approved on September 30, 1986; and,
WHEREAS, on June 25, 1991, the Planning Commission of the City of San Rafael
reviewed and considered public testimony and the staff report at a duly noticed public
hearing on the project and voted to recommend denial of ED91-16, Replacement of Leaded
Transom Windows with Clear Glass, and required that a new application be submitted to the
Planning Department within 90 days; and,
WHEREAS, the Planning Commission required that the new proposal for replacement of
the windows maintain the historical character of the original leaded windows; and,
WHEREAS, on September 13, 1991, a new proposal ED91-16 (b) was submitted to the
Planning Department consisting of plastic tape over clear glass; and,
WHEREAS, Planning Staff advised the applicant that the submittal did not meet the
intention of the Findings adopted by the Planning Commission; and,
ORIGINAI
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WHEREAS, the applicant did not revise the submittal and the proposal was set for the
regularly scheduled Planning Commission meeting of February 25, 1992; and,
WHEREAS, on February 25, 1992, the Planning Commission of the City of San Rafael
reviewed and considered public testimony and the staff report at a duly noticed public
hearing on the project and voted to require the property owner to restore the facade to the
original style leaded frosted glass with the provision that failure to take this action within 90
days would result in the project being referred to the City Council with a recommendation
for nuisance abatement per § 218.090 of the San Rafael Municipal Code; and,
WHEREAS, the requirement for restoration was appealed to the City Council by the
property owner based on the owner's contention that restoration would cause a great
financial burden; and,
WHEREAS, the City Council heard the matter at a duly noticed public meeting held on
May 4, 1992, and continued the public hearing for 30 days until June 1, 1992, in order for staff
to investigate the cost of replacing the glass.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
denies the appeal of ED91-16 (b) and requires the property owner to restore the transom to the
original type leaded, frosted glass based on the following findings:
This proposal is not consistent with the criteria established for approving
design review applications in the Downtown Review District, as the removal of the leaded
windows is not consistent with the historic character of the building. As stated in the
Downtown Design Guidelines, the primary consideration in the review of building
renovations is the retention of the building's best architectural features.
2. The removal of the leaded windows at 917-921 Fourth Street is not consistent
with General Plan Policy LU -23 in that buildings with recognized architectural and aesthetic
value should be preserved and the historic character of downtown should be maintained.
3. The replacement of the leaded windows with clear, unleaded glass at 917-921
Fourth street is not consistent with and in violation of conditions (a) and (g) of ED86-17,
approved by the Planning Commission on September 30, 1986.
BE IT FURTHER RESOLVED that the City Council of the City of San Rafael takes the
following action related to this matter:
1. A new proposal and design review application for replacement of the
windows with appropriate materials respecting the historic components of the building must
be received by the Planning Department within 90 days, or by September 1, 1992. Failure to
submit an appropriate application will result in the referral of the project to the City Council
for abatement of a nuisance as stated in § 218.090 (c). Replacement windows must be
constructed of individual frosted glass with leaded muntins similar to the original transom
glass. The proposal shall be subject to review and approval by the Design Review Board and
Cultural Affairs Commission before installation.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City on Monday, the First day of June, 1992, by the following vote, to wit:
AYES: COUNCILMEMBERS : Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : None
AS�D� JEAN M. LEONCIII, City Clerk